ASEANAssociation of Southeast Asian Nations

Presented by: Jaimee Ruth D Ligan

Public International Law 2A

Ambassador Gregorio

OVERVIEW OF THIS REPORT

• Why Asian Regionalization?

• What is the Doctrine of Non-Interference?

• What is ASEAN?

• Why is ASEAN important?

• What are some of ASEAN’s Initiatives?

• What are the achievements of the ASEAN in the past 40 years?

• How does Asian Regionalization differ from European Regionalization?

• How is ASEAN different from the European Union?

• Challenges to ASEAN Regionalization

WHY ASIAN REGIONALIZATION?

COSTS AND BENEFITS OF REGIONAL INTEGRATION

WHAT IS ASEAN?

• The Association of Southeast Asian Nations (ASEAN) is a political and economic organization of 10 countries located in Southeast Asia.

• It was formed on 8 August 1967 by Indonesia, Malaysia, and the Philippines, Singapore, and Thailand

• The membership expanded to include Brunei, Burma (Myanmar), Cambodia, Laos, and Vietnam.

• Its aims include accelerating economic growth, social progress, cultural development among its members, protection of regional peace and stability, and opportunities for member countries to discuss differences peacefully.

WHY IS ASEAN IMPORTANT?

• ASEAN covers a land area of 4.46 million km², which is 3% of the total land area of Earth, and has a population of approximately 600 million people, which is 8.8% of the world's population.

• The sea area of ASEAN is about three times larger than its land counterpart. In 2011, its combined nominal GDP had grown to more than US$ 2 trillion.[11]

• If ASEAN were a single entity, it would rank as the eighth largest economy in the world.

• In 2006, ASEAN was given observer status at the United Nations General Assembly.[31] As a response, the organisation awarded the status of "dialogue partner" to the United Nations.[32]

DOCTRINE OF NON-INTERFERENCE

• The single most important principle underpinning ASEAN regionalism is the doctrine of non-interference in the internal affairs of the member states

• “Non interference is the key as to why no military conflict has broken out between any two member states since 1967” (ASEAN leader, 1997)

• Key principle affirmed in the Bandung Asian-African Conference of 1955

• Incorporated in all major political statements of the ASEAN at the onset

• The founding Bangkok Declaration called on Southeast Asian States to “ensure their stability and security from external interference from any form or manifestation”

• Applies not only to extra-regional powers such as the US, Soviet Union, and China, but also to its Southeast Asian Neighbors

DOCTRINE OF NON-INTERFERENCE• 1971 Kuala Lumpur Declaration on the ZOPFAN provided a framework

on ASEANs relations with extra-regional powers and committed ASEAN’s members on “The worthy aims and objectives of the United Nations” including “respect for the sovereignty and territorial integrity of all states” and “non-interference in the affairs of all states.”

• “Right of every state, large or small, to lead its existence free from outside interference in its internal affairs as its interference will adversely affect its freedom, independence, and integrity.”

• Article 2 of Treaty of Amity and Cooperation adopted by the ASEAN at its Bali Summit in 1976 contained a statement of the principle of “non-interference in the internal affairs of one another.”

• The Declaration of ASEAN Concord also adopted at Bali, stipulated that member-states shall vigorously develop a strong ASEAN community … in accordance with the principles of self-determination, sovereign equality, and non-interference in the affairs of other nations.

WHY IS THE DOCTRINE OF NON INTERFERENCE IMPORTANT?• Except for Thailand, ASEAN states are newly-independent developing

states

• Threats are mostly internal to each country, but are aggravated by foreign factors

• Regional order could not be maintained without agreeing on the fundamental importance of regime security anchored in the principle of non-interference

• It is an expression of a collective commitment of the survival of non-communist regimes against the threat of communist subversion.

• The focus is for each state to achieve national development and overcome internal threats so that regional resilience would be the automatic result.

FOUR MAIN ASPECTS OF NON-INTERFERENCE1. Refraining from criticizing the actions of a member-government

towards its own people, including violation of human rights, and from making the domestic political system of states and the political styles of governments a basis for deciding their membership in the ASEAN

2. Criticizing the actions of states which were deemed to have breached the non-interference principle

3. Denying recognition, sanctuary, or other forms of support to any rebel group seeking to destabilize or overthrow the government of a neighboring state

4. Providing political support and assistance to member states in their campaign against subversive and destabilizing activities

EXAMPLES OF ASEAN NON-INTERFERENCE• During the Cold War, the ASEAN refused to address the genocidal

acts of Pol Pot in Cambodia in the 1975-1978 (although Cambodia was not yet a member then)

• The ASEAN ignored the People Power Revolt in the Philippines in 1986 until the latter stages of the Marcos Regime. The ASEAN continued its support to Marcos only until the United States withdrew its support and then stripped the Marcos regime of international legitimacy. Indonesia sent troops to help the Marcos regime fight against communist insurgents.

• It admitted Vietnam despite its communist status and Burma despite its lack of legitimacy

• When Vietnam invaded Cambodia in 1978, ASEAN criticized Vietnam as a serious violation of the principle of non-interference.

THE ASEAN WAYSince the post-independence phases of Southeast Asian states, efforts were made to implement regional foreign policies, but with a unifying focus to refrain from interference in domestic affairs of member states.

There was a move to unify the region under what was called the ‘ASEAN Way’ based on the ideals of non-interference, informality, minimal institutionalisation, consultation and consensus, non-use of force and non-confrontation. ASEAN members (especially Singapore) approved of the term ‘ASEAN Way’ to describe a regional method of multilateralism.

Thus the signing of the Treaty of Amity and Cooperation in Southeast Asia adopted fundamental principles:[

Mutual respect for the independence, sovereignty, equality, territorial integrity, and national identity of all nations

The right of every State to lead its national existence free from external interference, subversion or coercion

Non-interference in internal affairs

Settlement of differences or Effective regional cooperation disputes in a peaceful manner

Renunciation of the threat or use of force

The ‘ASEAN way’ is said to contribute durability and longevity within the organisation, by promoting regional identity and enhancing a spirit of mutual confidence and cooperation. ASEAN agreements are negotiated in a close, interpersonal process. The process of consultations and consensus is designed to engender a democratic approach to decision making. These leaders are wary of any effort to legitimise efforts to undermine their nation or contain regional co-operation.

WHAT ARE SOME OF ITS INITIATIVES?

• ASEAN PLUS THREE

During the 1990s, the bloc experienced an increase in both membership and drive for further integration. In 1990, Malaysia proposed the creation of an East Asia Economic Caucus[17] comprising the then members of ASEAN as well as the People's Republic of China, Japan, and South Korea, with the intention of counterbalancing the growing influence of the United States in the Asia-Pacific Economic Cooperation (APEC) and in the Asian region as a whole.[18][19] This proposal failed, however, because of heavy opposition from the United States and Japan.[18][20] Despite this failure, member states continued to work for further integration and ASEAN Plus Three was created in 1997.

Leaders of each country felt the need to further integrate the region. Beginning in 1997, the bloc began creating organisations within its framework with the intention of achieving this goal. ASEAN Plus Three was the first of these and was created to improve existing ties with the People's Republic of China, Japan, and South Korea. This was followed by the even larger East Asia Summit, which now includes these countries as well as India, Australia, New Zealand, United States and Russia. This new grouping acted as a prerequisite for the planned East Asia Community, which was supposedly patterned after the now-defunct European Community. The ASEAN Eminent Persons Group was created to study the possible successes and failures of this policy as well as the possibility of drafting an ASEAN Charter.

WHAT ARE SOME OF ITS INITIATIVES?

• Common Effective Preferential Tariff (CEPT)

In 1992, the Common Effective Preferential Tariff (CEPT) scheme was signed as a schedule for phasing tariffs and as a goal to increase the region’s competitive advantage as a production base geared for the world market. This law would act as the framework for the ASEAN Free Trade Area. After the East Asian Financial Crisis of 1997, a revival of the Malaysian proposal was established in Chiang Mai, known as the Chiang Mai Initiative, which calls for better integration between the economies of ASEAN as well as the ASEAN Plus Three countries (China, Japan, and South Korea).[21]

WHAT ARE SOME OF ITS INITIATIVES?

• EnvironmentAt the turn of the 21st century, issues shifted to include a regional approach to the environment. The organisation started to discuss environmental agreements. These included the signing of the ASEAN Agreement on Transboundary Haze Pollution in 2002 as an attempt to control haze pollution in Southeast Asia.[27] Unfortunately, this was unsuccessful due to the outbreaks of the 2005 Malaysian haze and the 2006 Southeast Asian haze. Other environmental treaties introduced by the organisation include the Cebu Declaration on East Asian Energy Security,[28] the ASEAN Wildlife Enforcement Network in 2005,[29] and the Asia-Pacific Partnership on Clean Development and Climate, both of which are responses to the potential effects of climate change. Climate change is of current interest.

WHAT ARE SOME OF ITS INITIATIVES?

• Peace and stability

Aside from improving each member state's economies, the bloc also focused on peace and stability in the region. In 1994, the ASEAN Regional Forum was established, Much of this success is credit to the ASEAN Regional Forum (ARF), which since 1994 has become the heart of the Asian regional security structure through the inclusion of great powers in the region India, China and the United States, as well as extra-regional powers such as the European Union, and tying them into a regional code of conduct within the normative framework offered by the Treaty of Amity and Cooperation in Southeast Asia (TAC). On 15 December 1995, the Southeast Asian Nuclear-Weapon-Free Zone Treaty was signed with the intention of turning Southeast Asia into a Nuclear-Weapon-Free Zone. The treaty took effect on 28 March 1997 after all but one of the member states have ratified it. It became fully effective on 21 June 2001, after the Philippines ratified it, effectively banning all nuclear weapons in the region.

WHAT ARE SOME OF ITS INITIATIVES

• Democratization of Asia

Through the Bali Concord II in 2003, ASEAN has subscribed to the notion of democratic peace, which means all member countries believe democratic processes will promote regional peace and stability. Also, the non-democratic members all agreed that it was something all member states should aspire to.

WHAT ARE SOME OF ITS INITIATIVES?

• Free TradeIn 2007, ASEAN celebrated its 40th anniversary since its inception, and 30 years of diplomatic relations with the United States.[33] On 26 August 2007, ASEAN stated that it aims to complete all its free trade agreements with China, Japan, South Korea, India, Australia and New Zealand by 2013, in line with the establishment of the ASEAN Economic Community by 2015.[34][35] In November 2007 the ASEAN members signed the ASEAN Charter, a constitution governing relations among the ASEAN members and establishing ASEAN itself as an international legal entity.[citation needed] During the same year, the Cebu Declaration on East Asian Energy Security was signed in Cebu on 15 January 2007, by ASEAN and the other members of the EAS (Australia, People's Republic of China, India, Japan, New Zealand, South Korea), which promotes energy security by finding energy alternatives to conventional fuels.[citation needed]

On 27 February 2009 a Free Trade Agreement with the ASEAN regional block of 10 countries and Australia and its close partner New Zealand was signed, it is estimated that this FTA would boost aggregate GDP across the 12 countries by more than US$48 billion over the period 2000–2020.[36][37] ASEAN members together with the group’s six major trading partners – Australia, China, India, Japan, New Zealand and South Korea – have began the first round of negotiations on 26–28 February 2013 in Bali, Indonesia, on establishment of the Regional Comprehensive Economic Partnership.

ACHIEVEMENTS OF THE ASEAN IN THE PAST 40 YEARS

• Agreeing upon and adhering to norms of inter-state behavior through the ASEAN way of multilateralism

• Fostering regional security through the ARF and multilateral security agreements

• Commitment to regional economic cooperation

• Providing a platform for regional and international dialogue in certain sectors

ASIAN REGIONALISM VS EUROPEAN REGIONALISM

ASEAN VS EUROPEAN UNION

CHALLENGES TO ASIAN REGIONALIZATION

1. Lack of Regional Identity

2. Lack of Political Will = Tendency of the ASEAN to pursue both economic integration and political cohesion as disparate aims

3. Resistance to the creation of strong supranational institutions for economic and political integration

4. Consensus-based approach and avoidance of certain issues makes it difficult to resolve issues

5. Doctrine of non-interference and weak institutionalization to preserve individual state’s sovereignty

SOURCESAcharya, A. (2001) Constructing a Security Community in Southeast Asia. New York: Routledge

Acharya, A.“Regionalism and Integration: EU and Southeast Asian Experiences.” URL:

http://www.bertelsmann-stiftung.de/cps/rde/xbcr/SID-3B077292-01E13118/bst/Acharya%20Regionalism%20and%20Integration.pdf Last accessed: February 17, 2014.

Chen, J. “ASEAN Regionalism: Economic and Political Integration in Southeast Asia.” Center for Public Policy Studies.

Fjader, C. (2012) “Regionalism in Asia and Europe: A Theoretical Perspective: Rational and Idealist Approaches.”Asia Pacific Journal of EU Studies Vol. 10 No. 1

Emerging Asia Regionalism: A Partnership for Shared Prosperity. (2008). Asia Development Bank.

Wikipedia